Introduction:

The Karnataka High Court, in a recent ruling, emphasized the responsibility of publishers in accurately printing statutes and statutory instruments. The division bench comprising Chief Justice N V Anjaria and Justice Krishna S Dixit made this observation while adjudicating an appeal filed by Fr. Valerian Fernandes against the dismissal of his petition seeking a mandamus for the issuance of a Grant Certificate/Saguvali Chit. The case underscores the importance of precision in legal publications and its implications on judicial proceedings.

Arguments of Both Sides:

Advocate Keshava Bhat A, representing the appellant, challenged the government’s reliance on the 2019 edition of Karnataka Land Grant Rules, 1969, published by KLJ Publications. He argued that the publication erroneously interpreted a statutory amendment, potentially misleading the court. On the other hand, AGA Niloufer Akbar, representing the respondents, defended the reliance on the publication and asserted the applicability of the 2023 Amendment Rules to determine the payable amount for the land grant.

Court’s Judgement:

The Karnataka High Court scrutinized the contested publication and observed that it inaccurately portrayed a statutory amendment as a substitution, potentially leading to misconceptions in legal interpretation. The Court emphasized the need for publishers to exercise caution and accuracy to prevent adverse consequences such as contempt of court and perjury. Despite the mistaken version presented by KLJ Publications, the Court intervened to prevent any injustice resulting from the error. Ultimately, the Court allowed the petition, directing the second respondent to formalize the land grant in favor of the appellant in accordance with the pre-amendment Rules of 2023.